By: King of Zavala H.B. No. 1498
A BILL TO BE ENTITLED
AN ACT
relating to the information required to be displayed on a license to
carry a concealed handgun and the duty of a license holder to keep
that information current.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(c), Government Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of a judge, justice, prosecuting
attorney, or assistant prosecuting attorney, as described by
Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
the license holder's status as a qualified handgun instructor or as
a judge, justice, district attorney, criminal district attorney, or
county attorney. In establishing the procedure, the department
shall require sufficient documentary evidence to establish the
license holder's status under this subsection.
SECTION 2. Sections 411.181(a) and (b), Government Code, as
amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the
80th Legislature, Regular Session, 2007, are reenacted and amended
to read as follows:
(a) If a person who is a current license holder moves from
any residence [the] address stated on the license [to a new
residence address], if the name of the person is changed by marriage
or otherwise, or if the person's status [as a judge, justice,
district attorney, prosecuting attorney, or assistant prosecuting
attorney, as a federal judge, a state judge, or the spouse of a
federal judge or state judge,] becomes inapplicable for purposes of
the information required to be displayed on the license under
Section 411.179 [411.179(c)], the person shall, not later than the
30th day after the date of the address, name, or status change,
notify the department and provide the department with the number of
the person's license and, as applicable, the person's:
(1) former and new addresses; [or]
(2) former and new names; or
(3) former and new status.
(b) If the name of the license holder is changed by marriage
or otherwise, or if the person's status [as a federal judge or state
judge, or the spouse of a federal judge or state judge] becomes
inapplicable as described by Subsection (a), the person shall apply
for a duplicate license. The duplicate license must reflect
[include] the person's current name, residence address, and status.
SECTION 3. Section 411.187(a), Government Code, is amended
to read as follows:
(a) A license may be suspended under this section if the
license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or an offense under Section 42.01, Penal Code,
or of a felony under an information or indictment;
(2) fails to display a license as required by Section
411.205;
(3) fails to notify the department of a change of
address, [or] name, or status as required by Section 411.181;
(4) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry;
(5) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
SECTION 4. Section 521.001(a), Transportation Code, is
amended by adding Subdivisions (3-a) and (8-a) to read as follows:
(3-a) "Federal judge" means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court;
or
(D) a magistrate judge of a United States
district court.
(8-a) "State judge" means:
(A) the judge of an appellate court, a district
court, or a county court at law of this state; or
(B) an associate judge appointed under Chapter
201, Family Code.
SECTION 5. Sections 521.054(a) and (b), Transportation
Code, are amended to read as follows:
(a) This section applies to a person who:
(1) after applying for or being issued a [the] license
or certificate moves to a new residence [from the] address [stated
in the person's application for a license or certificate];
(2) has used the procedure under Section 521.121(c)
and whose status as a federal judge, a state judge, or the spouse of
a federal or state judge becomes inapplicable [moves from the
address shown on the license or certificate held by the person]; or
(3) changes the person's name by marriage or
otherwise.
(b) A person subject to this section shall notify the
department of the change not later than the 30th day after the date
on which the change takes effect and apply for a duplicate license
or certificate as provided by Section 521.146. The duplicate
license must include the person's current residence address.
SECTION 6. Section 521.121, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a color photograph of the entire face of the
holder;
(3) the full name and[,] date of birth[, and residence
address] of the holder; [and]
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c), the street
address of the courthouse in which the license holder or license
holder's spouse serves as a federal judge or state judge.
(c) The department shall establish a procedure for a federal
judge, a state judge, or the spouse of a federal or state judge to
omit the license holder's residence address on the license and to
include, in lieu of that address, the street address of the
courthouse in which the license holder or license holder's spouse
serves as a federal judge or state judge. In establishing the
procedure, the department shall require sufficient documentary
evidence to establish the license holder's status as a federal
judge, state judge, or the spouse of a federal or state judge.
SECTION 7. Section 521.142(c), Transportation Code, is
amended to read as follows:
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant, or if the
applicant is a federal judge, a state judge, or the spouse of a
federal or state judge using the procedure developed under Section
521.121(c), the street address of the courthouse in which the
applicant or the applicant's spouse serves as a federal judge or a
state judge;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country;
(5) whether that license has been suspended or revoked
or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.